FILED

United States Court of Appeals

Tenth Circuit
UNITED STATES CO URT O F APPEALS

September 26, 2007

TENTH CIRCUIT

Elisabeth A. Shumaker
Clerk of Court

U N ITED STA TES O F A M ER ICA,

Plaintiff-Appellee,
v.

No. 07-4034
(D. Utah)

JOSE VASQ UEZ-RA M IREZ,

(D.C. No. 2:06-CR-0459-003-DB)

Defendant-Appellant.

OR D ER AND JUDGM ENT *

Before H E N RY, TYM K O VICH , and HO LM ES, Circuit Judges. **

Jose Vasquez-Ramirez pleaded guilty to one count of conspiring to

distribute more that fifty grams of methamphetamine, a violation of 21 U.S.C.
846. Applying United States Sentencing Guidelines 5C1.2, the safety valve
provision, the district court sentenced M r. Vasquez-Ramirez to eighty-seven

This order and judgment is not binding precedent except under the
doctrines of law of the case, res judicata and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
**

After examining the briefs and appellate record, this panel has determined
unanimously to grant the parties request for a decision on the briefs without oral
argument. See Fed. R.App. P. 34(f) and 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.

months imprisonment, the low end of the Guideline range and well below the
ten-year minimum sentence set forth in 21 U.S.C. 841(b)(1)(A).
On appeal, M r. Vasquez-Ramirezs counsel has filed a brief pursuant to
Anders v. California, 386 U.S. 738, 744 (1967). Counsel reports that
[d]efendant is unhappy with his sentence, however, counsel is not aware of any
appealable issues in this case. Aplts Br. at 14.
Under Anders, counsel may request permission to withdraw where counsel
conscientiously examines a case and determines that any appeal would be wholly
frivolous. U nited States v. Calderon, 428 F.3d 928, 930 (10th Cir. 2005). In
such a case, counsel must submit a brief to the client and the appellate court
indicating any potential appealable issues based on the record. Id. The client is
then permitted to submit arguments to the court in response. Id. The court must
then fully examine the record to determine w hether defendants claims are
wholly frivolous. Id. If so, the court may dismiss the appeal. Id.
Here, M r. Vasquez-Ramirez was served with his counsels brief. However,
M r. Vasquez-Ramirez has not informed the court of any issues he wishes to raise
on appeal. Based on our independent review of the record, we agree with counsel
that there are no non-frivolous grounds upon which M r. Vasquez-Ramirez could
appeal his conviction or his sentence. The record indicates that M r. VasquezRamirezs plea was knowing and voluntary. His sentence is supported by the
applicable law and the facts of this case.
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Accordingly, we DISM ISS this appeal.

Entered for the Court,

Robert H. Henry
United States Circuit Judge

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